Do questions about criminal records belong on Pa. college applications?

Posted Feb 14, 2020

This is a screenshot that captures the question that appears on the University of Pittsburgh's college application asking about criminal histories. Other Pennsylvania public universities have the same or similar questions on their applications.

University officials say they must weigh the balance of protecting public safety with ensuring access to higher education. Critics contend the question discourages some students - including some from minority groups - from even applying.

The study (“Laying the Groundwork: How States Can Improve Access to Continued Education for People in the Criminal Justice System”) suggests states may be shooting themselves in the foot in their efforts to reduce recidivism and improve their economies when college put this question on their admissions applications.

“There is clear research that says asking these questions at admissions are a disincentive and will restrict access to the full 30% of the American population that has criminal justice involvement, ” said Josh Weber, the Justice Center’s deputy director of the juvenile justice.

Leah Bacon, a policy analyst at the council’s Justice Center, said all of Pennsylvania’s public universities include some disclaimer saying that answering “yes” to the criminal record questions does not automatically disqualify an applicant for admission but it does trigger a further review by university officials.

“Past research has found requiring applicants to disclose criminal history at the initial part of the application cycle actually prevents them from completing their application,” she said. That, in turn, can become an obstacle in the path of people with criminal records to transition to a crime-free, productive life.

Penn State handles the criminal record question on its application in a nuanced way not seen elsewhere, she said.

“They were very specific on what they asked and they provided this disclosure that 99% of applicants who said ‘yes’ to the criminal history question and completed the review process were approved to continue the university’s admission process,” Bacon said. “So that is a more positive way of writing the question.”

Eliminating barriers

Maryland, Louisiana and Colorado have laws prohibiting their public universities from asking applicants to reveal arrest or conviction histories during the application process. Some other states don’t have laws prohibiting it but their public universities don’t require disclosure.

“We need to eliminate the barriers for those young people who are seeking to better their lives and want to make something of themselves as law-abiding citizens,” Cephas states in a memo to her House colleagues seeking their support for the measure.

Lt. Gov. John Fetterman, who chairs the state’s Board of Pardons, said he agrees for the most part that asking questions about criminal history doesn’t belong on a college application.

However, he makes an exception if the criminal record involves convictions of violent crimes or sexual assaults “and things of that nature in that sphere given the nature of who you will be in close proximity to.”

Why they ask (or don’t)

PennLive checked with several of the state’s public universities to ask why they include the criminal record question on their applications. It drew varied responses.

Temple University asks to get a broader picture of applicants, a spokeswoman said. A University of Pittsburgh spokesman echoed that sentiment about wanting to get a holistic view of each applicant, but also touched on a reason that many others cited: campus safety.

“The safety and well-being of our campus community is of the utmost importance to the University of Pittsburgh,” said spokesman Kevin Zwick.

“When information suggests that the prior behavior of an applicant may endanger the health and safety of others, jeopardize university property, and/or adversely affect the university’s mission, a review is required,” states Penn State’s pre-admission and re-enrollment policy.

State System of Higher Education spokesman David Pidgeon says while its 14 universities strive to be accessible to all Pennsylvanians, it must balance that with a thorough review of each applicant.

That involves “considerations beyond just academics,” he said.

The benefit of asking “we believe, is that we are working to provide a safe learning environment for all students as well as our faculty and staff,” said Tina Horner, a spokeswoman at Clarion University, one of the system schools.

At another system school, Millersville University acting director of undergraduate admissions Vivak Patel estimates that only one to two students a year are subjected to an added layer of review by the university if they respond “yes” to having a past history that includes expulsions, suspensions and felonies.

“This process involves a meeting with a committee to answer any follow up related to the student’s application submission,” Patel said. “This ensures that the students admitted to Millersville are meeting our community standards.”

Seeking balance

Weber, from the Council of State Governments Justice Center, acknowledges it is a tricky issue for universities, given the increasing concern about the safety of everyone on campus, particularly as it relates to more serious crimes and sexual assaults.

“So we appreciate universities are trying to balance community safety concerns but when you have that blank question, research shows it does discourage anyone and everyone who has been convicted of a criminal offense including completely low-level misdemeanors and non-violent offenses, which are the vast majority of offenses, from even applying for admission,” he said.

“Given the significant benefits of higher education, both for that individual as well as for state economies overall, if there is an interest in protecting campus safety, there needs to be a better balanced and a nuanced policy approach,” Weber added.

HACC, Central Pennsylvania’s Community College, is among the postsecondary institutions that do not ask applicants about their criminal records. Its interim vice president of student affairs and enrollment management Clarresa Morton said, “As an open-access institution, an applicant’s criminal background does not determine whether or not they are admitted to the college. Therefore, the question is not relevant.”

A 2017 study by Philadelphia-based Community Legal Services that surveyed Philadelphia post-secondary institutions found it was only community colleges and trade schools that did not ask the question. It further found that having this question on college applications was a disincentive, particularly to minority students.

“Because young people of color are over-criminalized from a young age due to racial bias and are thus far more likely than their white peers to have had contact with the juvenile and criminal systems, asking about records on college applications has a disparate impact on access to education,” it states.

Furthermore, Riya Saha Shah, an attorney with the Philadelphia-based Juvenile Law Center, said asking the question seems to ignore the purpose of the juvenile justice system. It is to ensure rehabilitation and treatment so that young people can emerge from the system and go on to live productive lives, she said.

“If young people are trying to enroll in college but they are being deterred because they think their record is going to have an effect on their ability to enroll in college, then that actually can result in public safety concerns,” she said. “What we know is that when you increase the consequences of a record and impose all these barriers to getting jobs and getting an education because somebody has a record, they are more likely to continue to commit minor or even more severe offenses in the future.”

At California University of Pennsylvania, spokeswoman Christine Kindl shared another reason why the question is asked.

While a “yes” answer to the felony conviction question on its application has no influence on whether a student is admitted, she said, "that answer may impact subsequent decisions about housing and enrollment in certain programs that require clearances such as education and nursing.”

Weber, the council’s Justice Center deputy director, said that is another area that states need to examine when it comes to requiring criminal record disclosures. Restricting job pathways to certain professions “really ties the hands of a population that really needs as much support as they can get.”

Central Penn College doesn’t ask about criminal histories on its general application, said Greg Colburn, a spokesman.

However, Central Penn does include guidance for those applying to the college’s criminal justice and homeland security programs. The college advises applicants that only those able to pass security clearances should enroll in those programs, because that’s a requirement for many careers in those fields.

Harrisburg University stopped asking about prior criminal records in 2016 when it was strongly discouraged by the U.S. Department of Education.

John Friend, the university’s associate vice president for undergraduate admissions and secondary programs, said the school has had no issues arise as a result and no plan on changing its current practice.

“Not asking the question is about better ensuring access and inclusion,” Friend said. “It is about the power of redemption and the hope of future possibilities.”